Tenant's Son Didn't Live at Apartment with Father

(Decision submitted by Sherwin Belkin of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Facts: Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord without a trial on the primary residence issue. But tenant's son, who was also named in the eviction action, claimed that he had pass-on rights to the apartment. The court ruled against tenant's son. Tenant moved into the apartment in 1977 with his family. But between 1977 and 1980, tenant's son, then a teenager, lived in Florida with his mother. Between 1980 and 1985, the son lived in California attending college. Between 1977 and 1985, he occasionally stayed in the apartment while visiting family members. In 1986 tenant's son moved into the apartment and lived there since. By then, tenant and tenant's other son had moved out. Court: Tenant loses. Tenant's son has no pass-on rights because he didn't live for at least two years in the apartment with tenant. The son didn't live in the apartment while tenant was there between 1977 and 1980. Tenant's son also claimed waiver by prior landlord. This claim was rejected. Tenant continued to present himself as a primary resident of the apartment between 1980 and 1991, even though he had moved to Florida.

Cross-Snow Holding Corp. v. Levy: Index No. 58039/94 (10/24/95) (Civ. Ct. NY; Gische, J) [10-page document]